The Right of Students to Maternity Leave: A Constitutional and Regulatory Perspective
By Ravi Bhardwaj, Advocate | Founder, EduLegaL
Pune, 14th August 2025: In India’s evolving educational landscape, the intersection of reproductive rights and academic progression has sparked a critical debate: Do students have a right to maternity leave? While employment laws have long recognized maternity benefits, student rights in this domain have remained ambiguous, caught between rigid attendance norms and the constitutional promise of dignity and equality.
India’s higher education system, historically designed for uninterrupted academic journeys, is evolving to accommodate the unique needs of female students balancing academics with motherhood. Recent judicial pronouncements, regulatory advisories, and constitutional interpretations are gradually shaping a more inclusive framework that acknowledges motherhood as a natural phase, not a barrier to education.
Constitutional Foundations
2.1 Article 21 – Right to Life and Personal Liberty
In Suchita Srivastava v. Chandigarh Administration (2009), the Hon’ble Supreme Court held that reproductive choices form an intrinsic part of a woman’s right to privacy, dignity, and bodily integrity under Article 21 of the Constitution. This principle extends beyond employment to any sphere where a woman’s participation is impacted by pregnancy.
2.2 Article 42 – Directive Principles of State Policy
Article 42 directs the State to make provision for “just and humane conditions of work and maternity relief.” While framed in the context of employment, its spirit applies equally to educational institutions, which must adopt humane academic policies that accommodate maternity needs.
2.3 Articles 14 & 15 – Equality and Non-Discrimination
A man enjoys enjoys parenthood while pursuing his higher education, whereas a woman necessarily has to undergo pre and post pregnancy care. It is not her choice, but the will of nature. Denying maternity leave or academic accommodation to students amounts to indirect discrimination, as pregnancy is a biological reality unique to women. Equal treatment under Articles 14 and 15 requires positive measures to ensure that women are not disadvantaged in education because of maternity.
Balancing Academic Standards and Reproductive Rights
The key legal and policy challenge is balancing:
a. Right to education (including timely completion of a degree)
b. Right to reproductive autonomy and maternity protection
Rigid attendance rules force women into an unjust choice between motherhood and education. A constitutionally sensitive approach can uphold academic integrity while protecting fundamental rights.
Regulatory Developments
4.1 UGC Framework:
The UGC Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degrees Regulations, 2016 explicitly grant M.Phil./Ph.D. women scholars maternity leave/child care leave of up to 240 days.
In its advisory dated 14 December 2021, UGC urged all Higher Education Institutions (HEIs) to extend maternity leave benefits to undergraduate and postgraduate students as well, to ensure parity and continuity in education.
4.2 AICTE Guidelines:
AICTE has taken similar steps for technical institutions, encouraging flexibility for maternity and medical grounds in calculating attendance and scheduling examinations.
4.3 NEP 2020
Moreover, the National Education Policy’s multiple entry and exit options could further ease academic challenges for pregnant students by allowing more flexible educational pathways.
These policy directions signal a move towards institutionalising maternity relief across all programmes, though uniform implementation remains a challenge.
Earlier Judicial Precedents:
Earlier rulings showed judicial reluctance to override explicit attendance thresholds, even in cases involving maternity:
Ankita Meena v. University of Delhi (AIRONLINE 2018 DEL 449) – The Court declined to relax BCI-mandated attendance for a pregnant LL.B. student, reflecting the rigidity of professional programme requirements.
Jasmine V.G. v. Kannur University (2016 SCC OnLine Ker 3221) – The Kerala High Court upheld denial of exam appearance where attendance was below the statutory condonation limit, even though the shortfall was due to pregnancy.
Recent Judicial Recognitions:
Recent Judicial interventions have reinforced these protections and clarified their application, and a more progressive approach is now emerging.
The jurisprudence started developing with Suchita Srivastava v. Chandigarh Administration, [(2009) 9 SCC 1], where the Supreme Court affirmed that a woman’s right to make reproductive choices, is an integral part of her personal liberty protected under Article 21 of the Indian Constitution. This ruling established the constitutional foundation for reproductive rights in India and set a precedent for respecting individual dignity and bodily integrity.
The case of Ankita Meena v. University of Delhi [2021 SCC OnLine SC 36], which did not find favour earlier, was carried over to Supreme Court, which passed several interim orders and ultimately, in its final order dated January 22, 2021, directed the University to declare the Petitioner’s results and issue her a degree.
In a case of Renuka v. UGC [2023 SCC OnLine Del 3210], the Delhi High Court directed the University to grant a 59-day maternity leave to a Master of Education student without penalizing her attendance record, observing that denying maternity relief forces women to choose between education and motherhood, which violates their constitutional rights. The court linked maternity leave as part of reproductive rights protected by Article 21. It also emphasized the need for institutions to accommodate students through rearranging classes missed during maternity leave.
The Supreme Court’s landmark 2025, K. Umadevi v. State of Tamil Nadu [2025 INSC 781] ruling declared maternity leave to be a constitutional right, deeply rooted in a woman’s reproductive rights and dignity, striking down policies that restricted maternity benefits based on the number of children. Though this ruling pertained to employees, its reasoning creates persuasive grounds for extending maternity relief to students as well, ensuring they are not discriminated against due to pregnancy.
Conclusion:
Maternity leave for students is not a concession, it is the affirmation of a fundamental right grounded in dignity, equality, and non-discrimination. UGC and AICTE advisories, combined with progressive judicial interpretations, are paving the way for this right to become an integral part of academic policy.
However, ad-hoc relief must give way to a clear, binding national framework, ensuring consistent application across all institutions. As India moves towards inclusive education, universities must adopt compassionate and constitutionally compliant frameworks that recognise motherhood as a life stage—not an academic disruption.
In an inclusive education system, no woman should have to choose between her womb and her right to acquire wisdom.
